34 the [retail] wholesale rate charged to it by the electronic communications network service licensee for the facilities in question, which discount shall be passed on to the schools and other institutions mentioned in subsection (1). (4) The implementation of this section must be in the manner prescribed. 5 [(5) The Minister may, in consultation with the Minister responsible for Education, declare categories of independent schools or private further education and training institutions to be entitled to the discount mentioned in subsection (1).] (6) The Agency may pay the charge contemplated in subsection (1) on 10 behalf of any school or other institution contemplated in subsection (1), in which event the Agency is entitled to the discount mentioned in subsection (1).’’. Insertion of sections 79A and 79B in Act 36 of 2005 34. The following sections are hereby inserted in the principal Act, after section 79: 15 ‘‘Limitation of liability 79A. No person in the employ of a 112 Emergency Centre, including the State, shall be liable for any damage or loss suffered by any person in consequence of any act which in good faith was performed or omitted in the performance of any function in terms of this Act. 20 Provision of information 79B. (1) Subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), the Minister may, in writing, require the Authority or the Agency, or any other person to provide, within a reasonable time or on a regular basis, any data, information or documents to the Minister that are 25 required for the purposes of the performance of the functions of the Minister. (2) A notice under subsection (1) may also indicate the manner in which the information must be furnished and, if required, how the information must be verified. 30 (3) When information is requested by the Minister the relevant person may request the Minister to treat specific information as confidential, and for that purpose section 4D of the ICASA Act applies with the changes required by the context.’’. Amendment of section 80 of Act 36 of 2005 35 35. Section 80 of the principal Act is hereby amended by the addition of the following subsection: ‘‘(4) The Agency is subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999).’’. Insertion of section 81A in Act 36 of 2005 40 36. The following section is hereby inserted in the principal Act, after section 81: ‘‘Fiduciary duties of Board members, and removal and dissolution 81A. In addition to any other applicable law relating to the fiduciary duties of members of a board, the following shall apply to members of the Board: 45 (a) A member of the Board may not be present, or take part in, the discussion of or the taking of a decision on any matter before the Board in which that member or his or her family member, business partner or associate has a direct or indirect interest.

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